(영문) 의정부지방법원 2015.05.15 2014가단45164

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(영문) 의정부지방법원 2015.05.15 2014가단45164

물품대금

Text

1. The Defendant’s KRW 24,727,690 as well as 6% per annum from November 8, 2011 to February 2, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied household trees to E while operating D. On April 20, 2007, the Defendant, the representative director of E, agreed to pay KRW 89,827,690 to the Plaintiff in installments, monthly, 5 million (hereinafter “instant agreement”).

B. The Defendant repaid the instant goods over several occasions, and on November 7, 201, the Defendant repaid KRW 65,100,000 in total by making the last repayment.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, purport of whole pleadings

2. The defendant's judgment on the cause of the claim is merely a written agreement of this case as the qualification of representative director of the company E, and the defendant does not have prepared the agreement of this case with the intent to pay the price of the goods of this case. However, according to the evidence No. 3 of this case, the defendant may recognize the fact that the defendant's personal information, such as the defendant's name and resident registration number, is not stated as the representative director of the company E while preparing the agreement of this case. According to these contents, the defendant prepared the agreement of this case as the qualification of representative director of the company E, not as the defendant prepared the agreement of this case, but as the defendant

Therefore, according to the instant agreement, the Defendant is obligated to pay to the Plaintiff 24,727,690 won (89,827,690 won-65,100,000 won) and damages for delay at each rate of 20% per annum under the Commercial Act from November 8, 2011 to February 2, 2015, which is the delivery date of a copy of the instant complaint, and from the next day to the day of the payment of the damages for delay at each rate of 80% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

3. The judgment of the defendant on the defense of extinctive prescription is that the payment of the goods in this case out of the funds of the stock company E is made on June 19, 2009, which was around the closure of the business.

참조조문

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